Text: H.R.6144 — 102nd Congress (1991-1992)All Information (Except Text)

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House

 
 
HR 6144 IH
102d CONGRESS
2d Session
 H. R. 6144
To amend title 10, United States Code, to assist members of the Armed Forces
who are separated from active duty and civilian employees of the Department
of Defense who are terminated to obtain new employment with certain community
health centers, hospitals, and nursing homes.
IN THE HOUSE OF REPRESENTATIVES
October 5, 1992
Mr. FOGLIETTA introduced the following bill; which was referred to the
Committee on Armed Services
A BILL
To amend title 10, United States Code, to assist members of the Armed Forces
who are separated from active duty and civilian employees of the Department
of Defense who are terminated to obtain new employment with certain community
health centers, hospitals, and nursing homes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. DEPARTMENT OF DEFENSE EFFORTS TO RELIEVE SHORTAGES OF QUALIFIED
PERSONNEL IN CERTAIN COMMUNITY HEALTH CENTERS, HOSPITALS, AND NURSING HOMES.
  (a) FINDINGS- The Congress finds the following:
  (1) Chronic shortages of qualified personnel exist in several vital
  occupations associated with community health centers that serve medically
  underserved populations, other nonprofit community health centers, hospitals
  that serve large numbers of economically disadvantaged individuals, and
  nursing homes that participate in State medicaid programs.
  (2) Such community health centers, hospitals, and nursing homes expect
  to have increased difficulty filling employment vacancies with qualified
  personnel and maintaining service levels.
  (3) Continued shortages of qualified health care personnel will adversely
  affect some services of patient care.
  (4) If provided with an appropriate level of assistance, members of the
  Armed Forces who will be separated from active duty and civilian employees
  of the Department of Defense who will be terminated in the near future
  can be used to fill employment vacancies existing in such community health
  centers, hospitals, and nursing homes.
  (b) PLACEMENT PROGRAM FOR MEMBERS- (1) Chapter 58 of title 10, United
  States Code, is amended by adding at the end the following new section:
`Sec. 1151. Assistance to separated members to obtain certification and
employment as allied health professionals, nursing professionals, or social
workers
  `(a) PLACEMENT PROGRAM- The Secretary of Defense shall establish a program
  to assist eligible members of the armed forces after their separation from
  active duty--
  `(1) to obtain certification in the occupations of the allied health
  professions, nursing, and social work; and
  `(2) to fill employment vacancies in such occupations existing in community
  health centers that serve medically underserved populations, other nonprofit
  community health centers, hospitals that serve large numbers of economically
  disadvantaged individuals, and nursing homes that participate in State
  medicaid programs.
  `(b) ALTERNATIVE CERTIFICATION REQUIREMENTS AND PERSONNEL SHORTAGES-
  The Secretary of Defense, in consultation with the Secretary of Health
  and Human Services, shall--
  `(1) conduct a survey of States to identify those States with alternative
  certification requirements for allied health professionals, nursing
  professionals, or social workers; and
  `(2) periodically request information from States identified under paragraph
  (1) to identify community health centers that serve medically underserved
  populations, other nonprofit community health centers, hospitals that serve
  large numbers of economically disadvantaged individuals, and nursing homes
  that participate in State medicaid programs that are experiencing a shortage
  of allied health professionals, nursing professionals, or social workers.
  `(c) ELIGIBLE MEMBERS- (1) Except as provided in paragraph (2), a member
  shall be eligible for selection by the Secretary of Defense to participate
  in the placement program if the member--
  `(A) during the five-year period beginning on October 1, 1992, is discharged
  or released from active duty after two or more years of continuous active
  duty immediately before the discharge or release;
  `(B) has received a high school diploma (or its equivalent), an associate
  degree, baccalaureate, or advanced degree from an accredited institution
  of higher education or a junior or community college;
  `(C) is certified as an allied health professional, nursing professional, or
  social worker or is determined by the Secretary to be likely to obtain such
  certification within a reasonable time after the discharge or release; and
  `(D) satisfies such other criteria for selection as the Secretary may
  prescribe.
  `(2) A member who is discharged or released from service under other than
  honorable conditions shall not be eligible to participate in the program.
  `(3) The Secretary may accept an application from a member who was discharged
  or released from active duty during the period beginning on October 1,
  1990, and ending on October 1, 1992, if the member otherwise satisfies
  the eligibility criteria specified in paragraph (1).
  `(d) SELECTION OF PARTICIPANTS- (1) The Secretary of Defense shall select
  members to participate in the program on the basis of applications submitted
  to the Secretary before the date of the discharge or release of the members
  from active duty. In the case of members referred to in subsection (c)(3),
  the Secretary shall establish a reasonable time period after the date of the
  enactment of this section for the submission of applications. An application
  shall be in such form and contain such information as the Secretary may
  require. The Secretary shall make applications available to members when
  they receive preseparation counseling under section 1142 of this title.
  `(2) In selecting participants to receive assistance for certification
  and placement as allied health professionals, nursing professionals,
  or social workers, the Secretary shall give priority to members who--
  `(A) have educational or military experience related to health care or
  social work; or
  `(B) have educational or military experience in another subject area
  identified by the Secretary, in consultation with the Secretary of Health
  and Human Services, as important for national health care objectives.
  `(3) The Secretary may not select a member to participate in the program
  unless the Secretary has sufficient appropriations for the placement program
  available at the time of the selection to satisfy the obligations to be
  incurred by the United States under subsections (f) and (g) with respect
  to that member.
  `(e) AGREEMENT- A member selected to participate in the program shall
  be required to enter into an agreement with the Secretary in which the
  member agrees--
  `(1) in the case of a participant who is not certified as an allied health
  professional, nursing professional, or social worker, to obtain certification
  as an allied health professional, nursing professional, or social worker
  within such reasonable time period as the Secretary may prescribe;
  `(2) to obtain, within such reasonable time period as the Secretary may
  prescribe, full-time employment as an allied health professional, nursing
  professional, or social worker for not less than two years with a community
  health center, hospital, or nursing home identified under subsection (b)(2).
  `(f) STIPEND FOR PARTICIPANTS- The Secretary of Defense shall pay to each
  participant in the program 60 percent of the costs of attendance described
  in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll)
  incurred by the participant while--
  `(1) obtaining certification as an allied health professional, nursing
  professional, or social worker; and
  `(2) seeking employment with a community health center, hospital, or nursing
  home identified under subsection (b)(2) as an allied health professional,
  nursing professional, or social worker.
  `(g) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES- (1) If a participant in
  the placement program fails to obtain certification or employment as
  an allied health professional, nursing professional, or social worker
  as required under the agreement or voluntarily leaves, or is terminated
  for cause, from the employment during the two years of required service,
  the participant shall be required to reimburse the Secretary of Defense
  for the stipend provided under subsection (f) in an amount that bears the
  same ratio to the amount of the stipend as the unserved portion of required
  service bears to the two years of required service.
  `(2) The obligation to reimburse the Secretary under this subsection is,
  for all purposes, a debt owing the United States. A discharge in bankruptcy
  under title 11 shall not release a participant from the obligation to
  reimburse the Secretary. Any amount owed by a participant under paragraph
  (1) shall bear interest at the rate equal to the highest rate being paid by
  the United States on the day on which the reimbursement is determined to be
  due for securities having maturities of ninety days or less and shall accrue
  from the day on which the participant is first notified of the amount due.
  `(h) EXCEPTIONS TO REIMBURSEMENT PROVISIONS- (1) A participant in the
  placement program shall not be considered to be in violation of an
  agreement entered into under subsection (e) during any period in which
  the participant--
  `(A) is pursuing a full-time course of study related to health care or
  social work at an accredited institution of higher education or a junior
  or community college;
  `(B) is serving on active duty as a member of the Armed Forces;
  `(C) is temporarily totally disabled for a period of time not to exceed
  three years as established by sworn affidavit of a qualified physician; or
  `(D) satisfies the provisions of additional reimbursement exceptions that
  may be prescribed by the Secretary of Defense.
  `(2) A participant shall be excused from reimbursement under subsection
  (g) if the participant becomes permanently totally disabled as established
  by sworn affidavit of a qualified physician. The Secretary may also waive
  reimbursement in cases of extreme hardship to the participant, as determined
  by the Secretary.
  `(i) DEFINITIONS- In this section:
  `(1) The term `State' includes the District of Columbia, American Samoa,
  the Federated States of Micronesia, Guam, the Republic of the Marshall
  Islands, the Commonwealth of the Northern Mariana Islands, the Commonwealth
  of Puerto Rico, Palau, and the Virgin Islands.
  `(2) The term `allied health professional' means a person who has received
  a certificate, associate's degree, bachelor's degree, master's degree,
  doctoral degree, or postbaccalaureate training in an allied health profession
  and who shares responsibility for delivery of health services or related
  services, including services related to identification, evaluation, and
  prevention of disease and disorders, dietary and nutrition services, health
  promotion services, rehabilitation services, and health systems management
  services. The term does not include a person who has a doctoral degree in
  medicine, a doctoral degree in osteopathy, a doctoral degree in dentistry,
  a doctoral degree in veterinary medicine, a doctoral degree in optometry,
  a doctoral degree in podiatry, a doctoral degree in chiropractic, a doctoral
  degree in pharmacy, a bachelor of science in pharmacy, a graduate degree
  in public health, a graduate degree in health administration, or a doctoral
  degree in psychology.
  `(3) The term `allied health professions' includes, but is not limited to,
  clinical perfusionist, cytotechnologist, histologic technicians, medical
  laboratory technician, medical record coder, medical technologist, medical
  transcriptionist, nuclear medicine technologist, occupational therapist,
  occupational therapist assistant, physical therapist, physical therapist
  assistant, physician assistant, radiologic technologist, radiation therapy
  technologist, respatory therapist, speech pathologist, surgical technologist,
  and ultrasound technologist.
  `(4) The term `nursing professional' means a certified registered nurse
  anesthetist, licensed practical vocational nurse, nursing aide or assistant,
  or registered nurse.
  `(5) The term `medically underserved population has the meaning given
  that term in section 330(b)(3) of the Public Health Service Act (42
  U.S.C. 254c(b)(3).'.
  (2) The table of sections at the beginning of such chapter is amended by
  adding at the end the following new item:
`1151. Assistance to separated members to obtain certification and employment
as allied health professionals, nursing professionals, or social workers.'.
  (c) PLACEMENT PROGRAM FOR CIVILIAN EMPLOYEES- (1) Chapter 81 of title
  10, United States Code, is amended by adding at the end the following
  new section:
`Sec. 1598. Assistance to terminated employees to obtain certification
and employment as allied health professionals, nursing professionals, or
social workers
  `(a) PLACEMENT PROGRAM- The Secretary of Defense shall establish a program
  to assist eligible civilian employees of the Department of Defense and
  the Department of Energy after the termination of their employment--
  `(1) to obtain certification in the occupations of the allied health
  professions, nursing, and social work; and
  `(2) to fill employment vacancies in such occupations existing in community
  health centers that serve medically underserved populations, other nonprofit
  community health centers, hospitals that serve large numbers of economically
  disadvantaged individuals, and nursing homes that participate in State
  medicaid programs.
  `(b) ELIGIBLE EMPLOYEES- (1) A civilian employee of the Department of Defense
  or the Department of Energy shall be eligible for selection by the Secretary
  of Defense to participate in the placement program if the employee--
  `(A) during the five-year period beginning on October 1, 1992, is terminated
  from such employment as a result of reductions in defense spending or the
  closure or realignment of a military installation, as determined by the
  Secretary of Defense or the Secretary of Energy, as the case may be;
  `(B) has received a high school diploma (or its equivalent), an associate
  degree, baccalaureate, or advanced degree from an accredited institution
  of higher education or a junior or community college;
  `(C) is certified as an allied health professional, nursing professional, or
  social worker or is determined by the Secretary to be likely to obtain such
  certification within a reasonable time after the discharge or release; and
  `(D) satisfies such other criteria for selection as the Secretary may
  prescribe.
  `(2) The Secretary of Defense may accept an application from a civilian
  employee referred to in paragraph (1) who was terminated during the period
  beginning on October 1, 1990, and ending on October 1, 1992, if the member
  otherwise satisfies the eligibility criteria specified in that paragraph.
  `(c) SELECTION OF PARTICIPANTS- (1) The Secretary of Defense shall
  select civilian employees to participate in the program on the basis of
  applications submitted to the Secretary after the employees receive a notice
  of termination. An application shall be filed within such time, in such
  form, and contain such information as the Secretary of Defense may require.
  `(2) In selecting participants to receive assistance for placement as
  allied health professionals, nursing professionals, or social workers,
  the Secretary of Defense shall give priority to civilian employees who--
  `(A) have educational, military, or employment experience related to health
  care or social work; or
  `(B) have educational, military, or employment experience in another subject
  area identified by the Secretary, in consultation with the Secretary of
  Health and Human Services, as important for national health care objectives.
  `(3) The Secretary of Defense may not select a civilian employee to
  participate in the program unless the Secretary has sufficient appropriations
  for the placement program available at the time of the selection to satisfy
  the obligations to be incurred by the United States under the program with
  respect to that member.
  `(d) AGREEMENT- A civilian employee selected to participate in the program
  shall be required to enter into an agreement with the Secretary of Defense
  in which the employee agrees--
  `(1) in the case of a participant who is not certified as an allied health
  professional, nursing professional, or social worker, to obtain certification
  as an allied health professional, nursing professional, or social worker
  within such reasonable time period as the Secretary may prescribe; and
  `(2) to accept, within such reasonable time period as the Secretary may
  prescribe, an offer of full-time employment as an allied health professional,
  nursing professional, or social worker for not less than two years with
  a community health center, hospital, or nursing home identified under
  section 1151(b)(2) of this title.
  `(e) STIPEND; PLACEMENT OF PARTICIPANTS AS TEACHERS AND TEACHERS' AIDES-
  Subsections (f) through (i) of section 1151 of this title shall apply with
  respect to the placement program established under this section.'.
  (2) The table of sections at the beginning of such chapter is amended by
  adding at the end the following new item:
`1598. Assistance to terminated employees to obtain certification and
employment as allied health professionals, nursing professionals, or social
workers.'.